Changes from plenary report to adopted text

Added(a) the planned day;

Added(b) time of day, and, as soon as it can be set, the hour of the beginning and of the end of the capacity restriction;

Added(c) the section of line affected by the restriction;

Added(d) where applicable, the capacity of diversionary lines.

AddedThe infrastructure manager shall publish that information, or a link where it can be found, in its network statement as referred to in point (3) of Annex IV of Directive 2012/34/EU. The infrastructure manager shall keep this information updated. In addition, infrastructure managers shall publish this information in digital format in accordance with Article 9 and 62.

Added9. As regards the capacity restrictions of a duration of at least 30 consecutive days and affecting more than 50% of the estimated traffic volume on a railway line, the infra-structure manager shall provide the applicants upon their request during the first round of consultation with a comparison of the conditions to be encountered under at least two alternatives of capacity restrictions. The infrastructure manager shall design those alter-natives on the basis of the input provided by the applicants at the time of their requests and jointly with them.

AddedThe comparison shall, for each alternative, include at least:

Added(a) the duration of the capacity restriction,

Added(b) the expected indicative infrastructure charges due,

Added(c) the capacity available on diversionary lines,

Added(d) the available alternative routes, and

Added(e) the indicative travel times.

AddedBefore making a choice between the alternatives of capacity restrictions, the infrastructure manager shall consult the interested applicants and take into account the impacts of the different alternatives on those applicants and on the users of the services.

AddedThe analysis of alternative capacity restrictions shall include situations concerning more than one infrastructure manager. In this case, the infrastructure managers shall coordinate the planning of alternative of the capacity restriction in accordance with Article 53.

Added10. As regards the capacity restrictions of a duration of more than 30 consecutive days and affecting more than 50 % of the estimated traffic volume on a railway line, the infrastructure manager shall establish criteria for which trains of each type of service should be re-routed, taking into account the applicant's commercial and operational constraints, unless those operational constraints result from managerial or organisational decisions of the applicant, and without prejudice to the aim of reducing costs of the infrastructure manager in accordance with Article 30(1) of Directive 2012/34/EU. The infrastructure manager shall publish in the network statement those criteria.

Added11. ENIM shall publish the information required under point (8) on its website.

Added12. The Commission shall review the implementation of section 3 of this Annex until 31 December 2024 and propose a legislative proposal if necessary.

Added4. Schedule for capacity allocation through the annual allocation process referred to in Articles 32 and 38

Added1. The infrastructure manager and the applicants shall comply with the following schedule:

Added[Am. 258]

Added2. Infrastructure managers shall allocate capacity requests received in accordance with Article 32(8) on the basis of the first come, first served principle.

Added3. The deadline for applicants to submit requests for capacity rights laid down in the table under point 1 shall be the deadline for requests for infrastructure capacity referred to in Article 27(4) of Directive 2012/34/EU.

Added5. Schedule for capacity allocation through framework agreements referred to in Articles 31 and 38

Added1. The infrastructure manager shall comply with the following schedule:

Added6. Schedule for the rolling planning capacity allocation process referred to in Articles 33 and 38

Added1. The infrastructure manager and the applicants shall comply with the following schedule during the rolling planning process,:

Added2. Infrastructure managers shall allocate capacity through the rolling planning process based on the first come, first served principle.

Added7. Schedule for capacity allocation through the ad hoc process referred to in Articles 34 and 38

AddedWhen allocating infrastructure capacity through the ad hoc process, the infrastructure manager shall comply with the following schedule:

Added[Am. 259]

Added8. Schedule for changes to capacity allocated referred to in Article 39

AddedWhen changing infrastructure capacity rights, the infrastructure manager shall comply with the following schedule:

Added[Am. 260]

AddedAnnex II

AddedHighly utilized and congested infrastructure referred to in Article 20

Added1. Thresholds for the declaration of highly utilised and congested infrastructure

Added[Am. 261]

AddedCapacity utilisation means the ratio between capacity allocated, or for previous timetable periods, the actual number of trains running and the theoretical capacity available on an element of infrastructure on the basis of the methodology referred to in section 2.

Added‘Homogenous traffic’ means that trains on the section concerned generally have similar characteristics relevant for capacity utilisation, in particular speed, stopping pattern and acceleration.

Added‘Heterogenous traffic’ means that trains on the section concerned differ in characteristics relevant for capacity utilisation, in particular speed, stopping pattern and acceleration.

Added2. Procedures and methods to calculate the degree of capacity utilisation

AddedInfrastructure managers shall assess the degree of capacity utilisation on the basis of objective, transparent and appropriate procedures and methods.

AddedInfrastructure managers may continue to use existing procedure and methods that meet these criteria. At the latest 3 years of the entry into force of this Regulation, ENIM shall prepare a recommendation on the use of a harmonised EU procedure and method to assess the utilisation of rail infrastructure capacity.

AddedAlternatively, capacity utilisation can be assessed as the ratio between the demand for capacity (observed / past or estimate of future demand) and capacity available in the capacity utilisation plan in accordance with Article 18.

AddedAnnex III

AddedCONTENTS OF THE EUROPEAN FRAMEWORK FOR CAPACITY MANAGEMENT REFERRED TO IN ARTICLE 6

AddedThe European framework for capacity management referred to in Article 6 shall contain at least the following elements:

AddedAnnex IV

AddedContents of the Network Statement referred to in Article 27 of Directive 2012/34/EU – section on capacity management and traffic management

AddedThe network statement referred to in Article 27 of Directive 2012/34/EU shall contain:

Added(1) A section setting out the nature of the infrastructure, which is available to railway undertakings and the conditions of access to it. This section shall refer to information available in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

Added(2) A section on the principles and criteria for capacity management. This shall set out the general capacity characteristics of the infrastructure, which is available to railway undertakings and any restrictions relating to its use, including likely capacity requirements for maintenance. It shall also specify the procedures and deadlines which relate to the capacity management process. It shall contain specific criteria, which are employed during that process, in particular:

Added(a) the procedures according to which applicants are consulted, as referred to in Article 55 a, on strategic capacity planning; [Am. 262]

Added(b) the procedures according to which applicants may request capacity from the infrastructure manager;

Added(c) the requirements governing applicants;

Added(d) the schedule for strategic capacity planning, for application, allocation, adaptation and rescheduling processes and the procedures which shall be followed to request information on the scheduling and the procedures for scheduling planned and unforeseen maintenance work;

Added(e) the principles governing the consensual conflict resolution mechanism referred to in Article 36, including the dispute resolution system made available as part of this process, and the formal conflict resolution mechanism referred to in Article 37;

Added(f) the structure and level of compensations for changes to capacity rights;

Added(g) the procedures which shall be followed and criteria used where infrastructure is highly utilised or congested;

Added(h) details of restrictions on the use of infrastructure;